ORDER ON DEFENCE MOTION re PROSECUTION FAILURE TO SEEK LEAVE
FROM THE TRIAL CHAMBER

__________________________________

Office of the Prosecutor:

Ms. Susan Somers
Mr. Philip Weiner

Counsel for the Accused:

Mr. Peter Morrissey
Mr. Guénaël Mettraux

THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("International Tribunal"),

BEING SEISED of a "Motion re Prosecution Failure to Seek Leave from the Trial Chamber", filed by the Defence of Sefer Halilovic on 15 October 2004 ("Motion"), arguing that the Prosecution failed to seek leave from the Trial Chamber to file an amended pre-trial brief, and requesting that the Trial Chamber order the Prosecution to undertake certain actions with regard to its proposed amended pre-trial brief,

NOTING the Prosecutionís response to the Motion, filed on 19 October 2004, in which it asserts that leave was not required because the amended pre-trial brief was filed in compliance with an order of the Trial Chamber, and that its amended brief is in compliance with its obligations under the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

CONSIDERING that on 29 September 2004, the Pre-Trial Judge in these
proceedings ordered the Prosecution and Defence, pursuant to Rule 65ter(E)(i)
of the Rules, to file their final pre-trial briefs in this matter no later than
13 October 2004 and 1 November 2004, respectively, or to indicate by those dates
that the pre-trial briefs, as previously filed, shall stand as their final pre-trial
briefs,1

NOTING that the "Prosecutorís Pre-Trial Brief Pursuant to Rule 65ter(E)(i)," the Prosecutionís amended pre-trial brief, was filed on 13 October 2004 in compliance with the Trial Chamberís order,

CONSIDERING that the Prosecution was therefore not required to seek leave from the Chamber before filing its amended pre-trial brief by the date ordered by the Trial Chamber, and that there is no foundation to the assertion by the Defence that, in doing so, the Prosecution acted in a manner disrespectful to the Chamber,

CONSIDERING that the amended pre-trial brief filed by the Prosecution is otherwise in compliance with its obligations under the Rules,

PURSUANT TO Rules 54 and 126bis of the Rules,

HEREBY DENIES the Motion and ORDERS the Defence to file its response to the Prosecutorís amended pre-trial brief, or to indicate that its previously-filed pre-trial brief shall stand as its final pre-trial brief, no later than Monday, 1 November 2004.

Done in English and French, the English text being authoritative.

___________________________
Patrick Robinson
Presiding

Dated this twenty-first day of October 2004
At The Hague
The Netherlands

[Seal of the Tribunal]

1. Prosecutor v. Sefer Halilovic, Case
No. IT-01-48-PT, "Scheduling Order for Filing of Final Pre-Trial Briefs," 29 Sept.
2004 ("Scheduling Order"); see also Halilovic, "Order on Defence Motion
for Extension of Time," 11 October 2004, referring to the filing deadlines established
in the Scheduling Order.